IN THE CASE OF:
BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090005065
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. He also requests issuance of the badge.
2. The applicant states that he served two tours of duty in the Republic of Vietnam. He was in the jungle and was routinely shot at. His DD Form 214 does not reflect his participation in combat. He contends that being a part of a gun crew should qualify for the Combat Infantryman Badge.
3. The applicant provides, in support of his application, a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 27 May 1966, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty (MOS) 13A (Field Artillery).
3. On 7 October 1966, the applicant departed Fort Sill, Oklahoma, for assignment in Europe. On or about 16 October he was assigned duty with the 1st Battalion, 48th Infantry Regiment.
4. On 10 April 1967, the applicant departed Europe for the United States. On or about 13 June 1967, he was assigned duty in the Republic of Vietnam.
5. On or about 23 June 1967, the applicant was assigned duty as an ammunition handler with the 6th Battalion, 14th Artillery Regiment.
6. On or about 7 June 1968, the applicant returned to the United States for duty at Fort Sill, Oklahoma. On 7 October 1968, he departed for a second tour of duty in the Republic of Vietnam.
7. On or about 25 November 1968, the applicant was assigned duty as a cannoneer with the 7th Battalion, 13th Artillery Regiment. He was reassigned duty as a gunner on 28 July 1969.
8. On or about 26 December 1969, the applicant returned to the United States.
9. On 28 December 1969, the applicant was released from active duty. He had attained the rank of private first class, pay grade E3 and had completed 3 years, 7 months and 2 days of creditable active service.
10. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Expert Marksmanship Qualification Badge (Rifle
M-16). It does not show award of the Combat Infantryman Badge.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should have been awarded the Combat Infantryman Badge for his combat service in the Republic of Vietnam.
2. The evidence clearly shows that the applicant was not awarded an infantryman MOS or assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. Therefore, the available evidence is not sufficient to award the applicant the Combat Infantryman Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____X___ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090005065
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ABCMR Record of Proceedings (cont) AR20090005065
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